Fayetteville Police Chief, Tom Bergamine, received a letter from the Cumberland County District Attorney’s Office, advising the State Bureau of Investigation’s (SBI) criminal investigation into the shooting death of Kenmara Davis on November 27, 2008 has been closed.
The criminal investigation was reviewed by the Cumberland County District Attorney’s Office, which revealed the following facts:
· Officer Yount was dispatched to the area of Hawkins Drive and Lynn Avenue regarding a “shots fired” call.
· Shortly after arriving on scene, Yount was confronted by Davis who opened fire against him.
· In self-defense, Officer Yount returned fire, resulting in the death of Davis.
District Attorney Ed Grannis stated that Officer Yount was responding to this call as required, and “immediately found himself in a self-defense situation that required him to return fire in order to save his own life.” Based on a thorough review of all evidence in this matter, District Attorney Ed Grannis decided that there was no factual basis to bring criminal charges, as “there was nothing criminal about what Officer Yount did in this case.”
Officer Yount will remain on administrative duty until the Police Department completes its administrative internal investigation. The internal investigation has been pending until information from the District Attorney’s Office and SBI was received.
The Fayetteville Police Department would like to express their appreciation to the SBI and the Cumberland County District Attorney’s Office for their efforts in this investigation.
The department would also like to thank the public for their patience and cooperation in allowing the investigation to take its course. Media Note: Questions regarding the criminal investigation should be directed to the SBI. This continues to be a personnel issue and pursuant to North Carolina State Law, information beyond clarifying what is in this news release will not be released at this time.